Debt Collection Practice Regulations
Regulation- Registration
- R-049-2003
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
- Under
- Consumer Protection Act
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- s.16 amended by S.N.W.T. 2003, c.2, comes into force. Territorial Printer, Northwest Territories Yellowknife, N.W.T./2003©
The Commissioner, on the recommendation of the Minister, under section 112 of the Consumer Protection Act and every enabling power, makes the Debt Collection Practice Regulations.
REGULATIONS
(1) No collection agency and no collector acting for a collection agency shall begin collecting a debt from a debtor before the collection agency provides, or makes all reasonable attempts to provide, written notice to the debtor that the creditor has retained the collection agency to act in respect of the collection of the debt.
(2) A written notice referred to in subsection (1)
(a) must be provided to the debtor in such a manner as to ensure the privacy of the written notice; and
(b) must contain
(i) the name of the creditor,
(ii) the balance owing on the account,
(iii) the licenced name of the collection agency,
(iv) the name of the individual providing the notice, if different from the name of the collection agency, and
(v) the authority, in respect of the collection of the debt, of the individual providing the notice.
(3) No collection agency or collector shall initiate verbal contact with a debtor before the expiry of
(a) 10 days after the written notice referred to in subsection (1) has been mailed to the debtor; or
(b) 5 days after delivery if the written notice referred to in subsection (1) is personally delivered to the debtor.
(4) If a debtor, who is contacted by a collection agency or collector in respect of the collection of a debt, indicates that he or she did not receive the written notice referred to in subsection (1), the collection agency shall provide the debtor with a private written notice containing the information required under this section.
Each time a collection agency or a collector contacts a debtor in respect of the collection of a debt, the collection agency or the collector shall provide the debtor with
(a) the name of the creditor;
(b) the balance owing on the account;
(c) the licenced name of the collection agency;
(d) the name of the individual contacting the debtor, if different from the name of the collection agency; and
(e) the authority, in respect of the collection of the debt, of the individual contacting the debtor.
(1) Subject to subsection (2), no collection agency and no collector acting for a collection agency shall contact a debtor at the debtor’s place of employment, unless the debtor requests the collection agency or collector to do so.
(2) A collection agency or a collector acting for the collection agency may contact the debtor at his or her place of employment to obtain an address or telephone number at which the debtor may be contacted
(a) on one occasion, if the debtor has not provided the collection agency or a collector acting for the collection agency with an address or telephone number at which the debtor may be contacted; and
(b) on one occasion, if the collection agency or a collector acting for the collection agency has made a number of unsuccessful attempts to contact the debtor at a telephone number provided by the debtor.
(1) Subject to subsection (2), no collection agency and no collector acting for a collection agency shall contact the debtor’s employer, unless
(a) the employer has guaranteed to pay the debt and is being contacted in respect of the guarantee;
(b) the collection agency or collector is contacting the employer in respect of
(i) payments from the employer pursuant to a wage assignment, or
(ii) an order or judgment made by a court in favour of the collection agency, or in favour of a creditor who is a client of the collection agency, if the contact relates to payments from the employer under that order or judgment or under a process issued under that order or judgment; or
(c) the debtor has, in writing, authorized the collection agency or the collector to contact the employer.
(2) Once a year, or more often if authorized by the debtor in writing, a collection agency or a collector acting for the collection agency may contact the debtor’s employer to verify the debtor’s employment, business title and business address.
No collection agency and no collector acting for a collection agency shall contact any member of the debtor’s family or household, or any relative, neighbour, friend or acquaintance of the debtor, in respect of the debt or collection of the debt, unless
(a) the collection agency does not have the debtor’s address or telephone number and the contact is for the purpose of obtaining the debtor’s address or telephone number;
(b) the individual contacted has guaranteed to pay the debt and is being contacted in respect of the guarantee; or
(c) the debtor has, in writing, requested that the collection agency or collector contact the individual and the individual does not object to the contact.
In the collection of a debt, no collection agency and no collector shall collect or attempt to collect money from a person who is not liable for the debt.
(1) No collection agency and no collector shall communicate or attempt to communicate with a debtor or with any member of the debtor’s family or household, any relative, neighbour, friend or acquaintance of the debtor, or the debtor’s employer
(a) in such a manner,
(b) with such frequency,
(c) using such means, or
(d) using content of such a nature,
as to constitute harassment of the debtor or the individual contacted.
(2) For the purpose of subsection (1), examples of communication that constitute harassment include the following:
(a) the use of threatening, profane, intimidating or coercive language;
(b) the use of undue, excessive or unreasonable pressure;
(c) a threat to publish the debtor’s failure to pay a debt;
(d) the publication of the debtor’s failure to pay a debt.
Except on the request of the individual being contacted, no collection agency and no collector shall make a telephone call to, or personal call on, the debtor or any member of the debtor’s family or household, any relative, neighbour, friend or acquaintance of the debtor, or the debtor’s employer
(a) on a Sunday, other than between the hours of 1 p.m. and 5 p.m.;
(b) on a holiday; or
(c) on any other day between the hours of 9 p.m. and 7 a.m.
No collection agency and no collector shall communicate or attempt to communicate with a debtor or with any member of the debtor’s family or household, any relative, neighbour, friend or acquaintance of the debtor, or the debtor’s employer, by a means that results or would result in the charges for the communication being payable by the debtor or by the individual to whom the communication is directed.
(1) No collection agency and no collector shall give, directly or indirectly, by implication or otherwise, any person any false or misleading information in respect of a debt or the collection of a debt.
(2) Without limiting the generality of the prohibition set out in subsection (1), no collection agency and no collector shall
(a) misrepresent the purpose of a communication with any person, or the identity of the collection agency or the collector; or
(b) use, without lawful authority, any summons, notice, demand or other document that suggests or implies a connection with any court within or outside of Canada.
(1) Where a collection agency or a collector acting for the collection agency is collecting a debt from a person and the person informs the collection agency or the collector that he or she is not the debtor, the collection agency and any collector acting for the collection agency shall cease communicating with the person.
(2) If, after inquiries, there are reasonable grounds to believe that the person referred to in subsection (1) is the debtor, the collection agency or a collector acting for the collection agency may resume communicating with the person.
(1) No collection agency and no collector acting for a collection agency shall continue to communicate with a debtor, other than in writing, after the debtor has, in writing,
(a) requested the collection agency to communicate with the debtor only in writing; and
(b) provided the collection agency with an address at which the debtor may be contacted.
(2) No collection agency and no collector acting for a collection agency shall continue to communicate with a debtor, other than through the debtor’s legal counsel, after the debtor has, in writing,
(a) requested the collection agency to communicate only with the debtor’s legal counsel; and
(b) provided a name, address and telephone number for the legal counsel.
(1) Subject to subsection (2), after a debtor has, in writing, notified the creditor and the collection agency that a debt is in dispute and that the debtor would like the creditor to take the matter to court, no collection agency and no collector acting for the collection agency shall communicate or continue to communicate with the debtor.
(2) A collection agency or a collector acting for the collection agency may communicate with the debtor after notification has been provided under subsection
(1) where a creditor has assigned a debt to a collection agency under section 104.3 of the Act, or provided the collection agency with express written authority to commence a legal proceeding on behalf of and in the name of the creditor, if the debtor is not represented by legal counsel and the communication relates to a court proceeding in respect of the debt.
No collection agency and no collector acting for a collection agency shall directly or indirectly threaten to proceed with any action, or state an intention to proceed with any action, in respect of which the collection agency or the collector does not have lawful authority.
(1) No collection agency and no collector acting for the collection agency shall directly or indirectly threaten that the collection agency will commence any court proceeding on behalf of a creditor, or state an intention that the collection agency will commence any court proceeding on behalf of a creditor, for the recovery of a debt, unless the creditor has provided the collection agency with express written authority to commence such a proceeding.
(2) No collection agency and no collector acting for a collection agency shall recommend to a creditor that a court proceeding be commenced for the recovery of a debt, unless the collection agency first provides written notice to the debtor that the collection agency or a collector acting for the collection agency intends to recommend that a proceeding be commenced.
(3) No collection agency shall commence a court proceeding for the recovery of a debt unless the collection agency first provides written notice to the debtor that the collection agency intends to commence such a proceeding.
These regulations come into force on the day on which An Act to Amend the Consumer Protection Act, S.N.W.T. 2003, c.2, comes into force. Territorial Printer, Northwest Territories Yellowknife, N.W.T./2003©